According to the author of the Right to Know Telegram channel, it is initially important to study the list of places where smoking is strictly prohibited.
“Paragraph 5 of Article 110 of the Code of the Republic of Kazakhstan “On the health of the people and the healthcare system” lists places where smoking is strictly prohibited, and violation of the ban entails administrative responsibility,” the expert says.
Thus, the consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, electronic consumption systems and liquids for them, is prohibited:
in the premises and on the territory of educational organizations, as well as in organizations for the recreation of minors;
in the premises of healthcare organizations;
in catering establishments;
in cultural facilities, museums, libraries and lecture halls, cinemas, theaters, circuses, concert, viewing and exhibition halls, sports organizations and sports and recreation organizations, sports arenas and other facilities intended for mass recreation;
in nightclubs, discos;
in local and long-distance trains, on ships of air, sea and river transport, as well as in the salons of urban, suburban and intercity road public transport, in the metro, in public transport, carrying out regular and irregular road transport of passengers and luggage, taxis;
in the buildings of airports, railway, automobile and water stations, at closed public transport stops;
in state bodies and organizations;
in premises that are workplaces and work areas;
at the entrances of houses;
in the premises and on the territory of gas stations;
on playgrounds;
in underground passages;
in a motor vehicle while minors are in them.
Smoking is allowed in places that are not on this list, as well as in cases where specially equipped smoking areas are allocated at public catering facilities, as well as in the buildings of airports, railway, automobile and water stations, at closed public transport stops.
“Specially equipped places are subject to a number of requirements, including the inscription in a prominent place “Place for the consumption of tobacco products”, therefore, if these requirements are met, you can easily find a place to smoke, for example, in catering points,” the lawyer notes. .
In places where smoking is prohibited, signs with information about the ban are usually posted in a conspicuous place. You can smoke at the urns, but if this urn is located on the territory of the facilities listed in Article 110 of the Code of the Republic of Kazakhstan “On the health of the people and the healthcare system”, then smoking is prohibited.
“If we are talking about catering points, then you can only smoke in places specially equipped for this. If you smoke at a store located near your house, then this will not be a violation of the law. But if this store is located on the territory of an educational organization, then there is a ban on smoking. If it is a private area, for example, a courtyard near your house, a summer cottage, an apartment, and so on, then you can smoke, the ban is not provided, “says Nadezhda Geldt.
Article 441 of the Code of Administrative Offenses of the Republic of Kazakhstan provides for administrative liability for violation of the ban on smoking in the places discussed earlier.
So, for smoking in the wrong place – a fine of 15 MCI. And if during the year the violation is committed again, then the fine increases to 20 MCI. For smoking on board the aircraft, a fine of 50 MCI is provided.
*The size of 1 MCI as of July 18, 2023 is 3450 tenge.
